State ex rel. Fenn v. Riley
Missouri Court of Appeals
Original Proceeding by Writ of Prohibition. (1) The New Madrid Circuit Court was without jurisdiction to assume cognizance oyer the subject-matter of the petition for injunction. That petition on its face disclosing that the object of the suit was to restrain defendant Bert Fenn (a) from.further prosecuting a certain suit filed by Bert Fenn against Conran in the St. Louis City Circuit Court; and (b) from filing any other suits against Conran in that circuit.
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Original Proceeding by Writ of Prohibition. (1) The New Madrid Circuit Court was without jurisdiction to assume cognizance oyer the subject-matter of the petition for injunction. That petition on its face disclosing that the object of the suit was to restrain defendant Bert Fenn (a) from.further prosecuting a certain suit filed by Bert Fenn against Conran in the St. Louis City Circuit Court; and (b) from filing any other suits against Conran in that circuit. R. S. 1899, sec. 3631; Pettus v. Elgin, 11 Mo. 411; Mellier y. Bartlett, 89 Mo. 134; ScrutcMeld y. Sauter, 119 Mo. 615; Davison v.…
1Opinion of the CourtGoode, J.
One of the judges of this court in vacation, issued a preliminary writ of prohibition to respondents prohibiting them, and each of them, from further proceeding or entertaining jurisdiction in a certain cause pending in the circuit court of New Madrid county, wherein Bert E. Fenn, Robert g. Rutledge, M1. W. Powell, administrator of the estate of Mal H. Powell, deceased, J. O. More and T. W. Corley, are defendants, and to show cause before this court at the October term why the rule of prohibition should not be made absolute. The respondents appeared and showed cause by their several returns…
2Cases cited11 opinions
- State ex rel. McCaffery v. AloeSupreme Court of Missouri · 1899
- State ex rel. Dawson v. St. Louis Court of AppealsSupreme Court of Missouri · 1889
- State ex rel. Ellis v. ElkinSupreme Court of Missouri · 1895
- Davison v. HoughSupreme Court of Missouri · 1901
- State ex rel. Anheuser-Busch Brewing Ass'n v. EbySupreme Court of Missouri · 1902
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3Cited by5 opinions
- Atwood v. Cox, District JudgeUtah Supreme Court · 1936
- State ex rel. Fenn v. McQuillinSupreme Court of Missouri · 1914
- State ex rel. Poston v. District Court of Eighth Judicial District, Fremont CountyWyoming Supreme Court · 1924
- Ferguson v. FainCourt of Appeals of Texas · 1911
- Ferguson v. FainCourt of Appeals of Texas · 1911